Domestic Violence

In California, applications for restraining orders to prevent domestic violence are heard by the family court. The Domestic Violence Prevention Act (DVPA) is the law in California relative to family law restraining orders.

Domestic Violence is defined as "abuse" perpetrated against certain individuals in a domestic relationship. Among those included as "domestic" are family members, spouses, ex-spouses, those in a dating relationship, roommates, in-laws, and people who have children together. If the perpetrator is not in the above "domestic" categories, a restraining order can be pursued as a Civil Harassment restraining order, which would be filed in the Civil department of the court. In addition to family law, Attorney Aaron M. Hudson has a great deal of experience with civil litigation, including those involving civil harassment.

For purposes of the DVPA, "abuse" is defined as: intentionally or recklessly causing, or attempting to cause, bodily injury, sexual assault, or placing a person in reasonable apprehension of imminent serious bodily injury. The following are also included in the definition of "abuse": molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, annoying telephone calls, destroying personal property, and disturbing the peace of the other party.

Despite the lengthy list of potential "abuses", the court will generally only issue a restraining order upon a showing of violence or threats of violence. Procedurally, a victim of domestic violence would typically appear ex parte to the court with a completed Request for Restraining Order. A judge or court commissioner will review the paperwork and either grant or deny temporary orders. If temporary orders are issued, a hearing will be held in approximately 3 weeks. A hearing will also usually be held if temporary orders are not granted. The defendant must be personally served with paperwork, and an evidentiary hearing (trial) will be held for the court to determine if permanent restraining orders should issue. Each party is entitled to present witnesses and the rules of evidence apply, so it is important that you hire an attorney like Aaron M Hudson who has a great deal of trial experience.

Domestic Violence Restraining Orders are often pursued within the divorce action, but it is not uncommon for such a request to be filed independent of a divorce or paternity action. The court can issue a stay-away order, or may just order the offending party to stop the harassing conduct. The court can also make child custody and visitation orders and child support orders as part of a Domestic Violence action.

If you are in need of a restraining order, or you have been served with a Request for Restraining Order, you should immediately contact Aaron M. Hudson. Time is critical in these situations, and Mr. Hudson has the expertise and quickness to immediately secure the relief which is necessary to protect his clients' interests.